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Thread: Priority customer falsely arrested for SUV theft: worst case scenario?

  1. #1
    Regular Member Repeater's Avatar
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    Priority customer falsely arrested for SUV theft: worst case scenario?

    Gee, I always thought customers were a priority.

    Yet, this innocent man was custodially arrested anyways. In situations like this, I have to wonder how best to handle the situation if it were you and you're OCing.

    Could he have ended up dead?

    Chesapeake car dealer apologizes for customer's arrest
    The president of Priority Chevrolet apologized Wednesday for the arrest of a customer in June who the dealership mistakenly undercharged for an SUV and who resisted the company’s efforts to get him to sign a new, costlier contract.

    Dennis Ellmer said Chesapeake police have told him that one of his managers told an officer that Danny Sawyer of Chesapeake had stolen a 2012 Chevrolet Traverse.

    “I owe Mr. Sawyer a big apology,” said Ellmer, who manages the entire Priority Auto Group.

    He said his staff erred when they sold the SUV to Sawyer for about $5,600 less than they should have and erred again when they went to police. He said Sawyer should not have been arrested and definitely should not have had to spend four hours in jail.

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    Campaign Veteran MAC702's Avatar
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    So he got a GREAT deal on a car, and is now in line for a monster lawsuit settlement. This guy knows how to shop.

    I wonder if we are allowed to call the cops when a car dealer "errs" the other direction.
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    Moderator / Administrator Grapeshot's Avatar
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    The connection to OC or RKBA is artificial/forced.

    The report is off topic for OCDO, excepting the Social Lounge.

    Just noticed - took 3 months for the apology to be made apparently.
    Last edited by Grapeshot; 09-26-2012 at 11:45 PM. Reason: added
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    Regular Member OngoingFreedom's Avatar
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    Priority customer falsely arrested for SUV theft: worst case scenario?

    First mistake, dealing with Government Motors…


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    Quote Originally Posted by Grapeshot View Post
    The connection to OC or RKBA is artificial/forced.

    The report is off topic for OCDO, excepting the Social Lounge.

    Just noticed - took 3 months for the apology to be made apparently.
    Yeah, but it's so interesting to those who are members of groups likely to be victimized in retaliation for legitimate activities. Speaking of which, I recently saw an old movie called, "Panther", about the Black Panther Party in California; it appears gun control in California was a direct result of the "threat to the public safety" posed by the existence of armed black citizens.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by user View Post
    Yeah, but it's so interesting to those who are members of groups likely to be victimized in retaliation for legitimate activities. Speaking of which, I recently saw an old movie called, "Panther", about the Black Panther Party in California; it appears gun control in California was a direct result of the "threat to the public safety" posed by the existence of armed black citizens.
    True enough, but then again it is still on the forum is it not.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by user View Post
    Yeah, but it's so interesting to those who are members of groups likely to be victimized in retaliation for legitimate activities. Speaking of which, I recently saw an old movie called, "Panther", about the Black Panther Party in California; it appears gun control in California was a direct result of the "threat to the public safety" posed by the existence of armed black citizens.
    I've seen the movie also, if it wasn't for the panthers I'm sure the state would have found another reason to infringe on the freedoms of US citizens. I'm fully comfident that the goverments both local and federal will continue to try and make citizens into slaves at every opportunity.

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    Danny, Danny, Danny .. you be in trouble....

    Wish I could hear the conversation between Danny and his wife:

    Wife: You did what?!
    Dan: I called the cops to get more $$ off a guy
    Wife: And this is what we are being sued for?
    Dan: Don't worry babe, I'm sure the judge will just chuckle at at.
    Wife: Yeah, and we'll be chuckling when we are living in our car! My father was right, you are a moron.
    Dan: I don't think I did anything wrong, he wouldn't sign a new contract - look this happens all the time in my business, its nothing.
    Wife: Get out ! Get out ! Get out !
    Dan: Jeez, sounds just like my boss!

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    Regular Member Jack House's Avatar
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    They should have just swallowed the cost. $5600 is chump change and it was their mistake anyway. Now they're going to possibly end up losing a few million.

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    Regular Member DocWalker's Avatar
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    Something else to consider....

    1. Is the person that made "false" report to police that the vehicle was stolen going to be charged with making a false police report?

    2. Will the dealer have to refund the citizens for the man-power, gas, and other processing fees used to imprison this person illegally?

    3. The guy that made the report should at least be fired for this.

  11. #11
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    Hmm....


    Breach of contract
    Harrassment
    Attempted extortion or coercion
    Unlawful detainment
    Unlawful arrest
    Defamation of character
    Slander for verbally telling the reporting officer
    Libel for the reporting officer documenting it as well as it now being in the media

    And...since we have the unlawful arrest we'll just add ASSAULT to the mix.

    Sounds to me like someone is getting a free vehicle for their troubles (courtesy of the dealership) as well as an early retirement courtesy of a Police Department.
    Last edited by REALteach4u; 09-27-2012 at 04:25 PM.

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by REALteach4u View Post
    Hmm....


    Breach of contract
    Harrassment
    Attempted extortion or coercion
    Unlawful detainment
    Unlawful arrest
    Defamation of character
    Slander for verbally telling the reporting officer
    Libel for the reporting officer documenting it as well as it now being in the media

    And...since we have the unlawful arrest we'll just add ASSAULT to the mix.

    Sounds to me like someone is getting a free vehicle for their troubles (courtesy of the dealership) as well as an early retirement courtesy of a Police Department.
    Strangely I don't blame the police department for this. This is all on the dealership.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Quote Originally Posted by Freedom1Man View Post
    Strangely I don't blame the police department for this.
    Right, because they were serving a lawful arrest warrant signed by a judge, right?

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    Quote Originally Posted by Freedom1Man View Post
    Strangely I don't blame the police department for this. This is all on the dealership.
    I agree here ... cops get call, caller says he's the owner of a vehicle and someone stole it. Veh reg still listed the dealer I'm sure. Duh, no brainer here ..
    Last edited by davidmcbeth; 09-27-2012 at 09:12 PM.

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    The funnest part of the (potential) lawsuit would be discovery.



    Sp you are saying this guy got the car for 5500$ less than he "should" have? Lets see sales for last 6 months with ACTUAL profit per sale. Including all kickbacks/incentives/schemes. Lol

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Yard Sale View Post
    Right, because they were serving a lawful arrest warrant signed by a judge, right?
    Discovery would tell the tale.

    I am no lover of the police by any stretch so please understand that I don't take the blame off the police lightly.

    I do hope there was a warrant as this was not a fleeing vehicle.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I agree here ... cops get call, caller says he's the owner of a vehicle and someone stole it. Veh reg still listed the dealer I'm sure. Duh, no brainer here ..
    The Cops could have ask the guy if he stole it or asked if he had his paperwork before hauling him in. An cop doing his job shouldn't just take someones word but investigate before reacting.

    Cops: The dealer called and said you stole this vehicle.
    Owner: Nope I just bought it, I have the paperwork right here. Would you like a copy?
    Cops: Please that would be great.
    Owner: No problem.
    Cops: Thanks for your help.
    __________________________________________________ _______________________
    (next conversation)

    Cops: We talked to the guy you said stole the vehicle and he has paperwork saying he owns it.
    Dealer: Well we screwed up and sold it for less than we should have.
    Cops: So he didn't steal it?
    Dealer: No, but you wouldn't have responded just because we are stupid.
    Cops: But we will for making a false police report. Please turn around and put your hands behind you back......(click)

    The cops are partially to blame for not doing their jobs and checking out the facts first.

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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by Jack House View Post
    They should have just swallowed the cost. $5600 is chump change and it was their mistake anyway. Now they're going to possibly end up losing a few million.
    ^^^
    $$$$$$ This is what Sawyer will see, after the dust settles. Nice investment in a car.

    Quote Originally Posted by conhntr View Post
    The funnest part of the (potential) lawsuit would be discovery.



    Sp you are saying this guy got the car for 5500$ less than he "should" have? Lets see sales for last 6 months with ACTUAL profit per sale. Including all kickbacks/incentives/schemes. Lol
    This won't see the light of discover...although I would love to see it. The attorney for the dealership will have this settle; unless the plaintiff, Sawyer, gets way to to greedy.....but it'll be used in the negotiations. The filing of a false police report and an arrest has major ripples through the settlement process. Then the harassing messages; using On-Star to track the vehicle...just a few privacy issues. Now the question comes in, how much exposure does On Star have for providing non-public information? Sawyer could be getting some more pocket change from them.

    Chances are, Sawyer will have a new car for a long time....with $$ to spare.
    Last edited by Redbaron007; 09-28-2012 at 02:17 PM.
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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by DocWalker View Post
    The Cops could have ask the guy if he stole it or asked if he had his paperwork before hauling him in. An cop doing his job shouldn't just take someones word but investigate before reacting.

    Cops: The dealer called and said you stole this vehicle.
    Owner: Nope I just bought it, I have the paperwork right here. Would you like a copy?
    Cops: Please that would be great.
    Owner: No problem.
    Cops: Thanks for your help.
    __________________________________________________ _______________________
    (next conversation)

    Cops: We talked to the guy you said stole the vehicle and he has paperwork saying he owns it.
    Dealer: Well we screwed up and sold it for less than we should have.
    Cops: So he didn't steal it?
    Dealer: No, but you wouldn't have responded just because we are stupid.
    Cops: But we will for making a false police report. Please turn around and put your hands behind you back......(click)

    The cops are partially to blame for not doing their jobs and checking out the facts first.
    Just asking a question....can the officer refuse to enforce the warrant?
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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Redbaron007 View Post
    Just asking a question....can the officer refuse to enforce the warrant?
    Yes, it's always a personal choice.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    Yes, it's always a personal choice.
    Thanks a bunch!....not being a LEO....wasn't sure one had the option to or not to enforce a warrant.
    "I can live for two weeks on a good compliment."
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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by Redbaron007 View Post
    Just asking a question....can the officer refuse to enforce the warrant?
    It doesn't sound like there was ever a warrent just the officer being told he stole the car.

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by Redbaron007 View Post
    Just asking a question....can the officer refuse to enforce the warrant?
    Yes and no, depending upon the state and circumstances involved. On a warrant/report of a stolen vehicle, technically they can choose not to, but I doubt cops will ignore a warrant on a stolen car.
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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by DocWalker View Post
    It doesn't sound like there was ever a warrent just the officer being told he stole the car.
    Well when a car is reported stolen a notice is put on the dispatchers computer, if that license plate is run by an officer it will appear flagged as "reported stolen" at that point the officer may stop the vehicle, chances are, you'll go to jail into it's sorted out. unless you have a clear title plus DL in your name and there is absolutely no doubt they probably will arrest you.

    If the vehicle was still marked as registered to the dealer or the dealer hadn't reported the sale to state, it's possible that the officer did check all documents and it did reasonably appear as a theft to him, the fact that he only spent four hours in jail tells me it didn't take the police long to find out what was really going on and they did release him shortly after.

    Hear's the virginia law on the matter of false reports

    § 18.2-461. Falsely summoning or giving false reports to law-enforcement officials.

    It shall be unlawful for any person (i) to knowingly give a false report as to the commission of any crime to any law-enforcement official with intent to mislead, or (ii) without just cause and with intent to interfere with the operations of any law-enforcement official, to call or summon any law-enforcement official by telephone or other means, including engagement or activation of an automatic emergency alarm. Violation of the provisions of this section shall be punishable as a Class 1 misdemeanor.
    Class 1 Misedeamors appear to be punishble by a year in lockup, which is the same as a Gross Midemeanor here in WA, Now I don't know how virginia cops operate, but in WA I doubt the dealer would be arrested for false report, similar crimes in other states are normally cited and no jail time until conviction...
    Last edited by EMNofSeattle; 09-28-2012 at 03:13 PM.
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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by DocWalker View Post
    It doesn't sound like there was ever a warrent just the officer being told he stole the car.
    I re-read that and wasn't sure myself....made an assumption.

    Quote Originally Posted by EMNofSeattle View Post
    Yes and no, depending upon the state and circumstances involved. On a warrant/report of a stolen vehicle, technically they can choose not to, but I doubt cops will ignore a warrant on a stolen car.
    I figured there had to be some latitude with those, but didn't know the extent of it.

    Thanks guys for the help! I don't pretend to be a LEO nor have played one on TV....although I have stayed at a Holiday Inn Express...just not in the last 30 days.
    "I can live for two weeks on a good compliment."
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